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Quash Mohammad @ Nate v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23898 of 2006  RD-AH 20402 (1 December 2006)
Applicant, Quash Mohammad alias Nate has applied for bail in this case crime no. 80 of 2006 under section 302/34 I.P.C. of police station Barsathi district Jaunpur (giving rise to Sessions Trial no. 205/2006).
This is second bail application of the applicant. His first bail application no. 12344 of 2006 was rejected by me on merits vide order dated 23.6.2006.
I have heard learned counsel for the applicant and the learned A.G.A. for the State.
The only new ground taken in this second bail application is that F.I.R. of the case was lodged against three accused persons, namely, Rajjab, Waris and Quash Mohammad alias Nate ( present applicant ). Allegation against all of them was that on hearing the cries of the deceased complainant and two other persons reached the spot having torches in their hands and saw the above named accused persons running from the spot having arms in their hands.
Co-accused, Rajjab of this case has been granted bail by Hon'ble Vinod Prasad J. vide order dated 21.8.2006 passed in Crl. Misc. Bail Application no. 10114 of 2006 and thereafter co-accused, Waris has also been granted bail vide order dated 9.10.2006 passed in Crl. Misc. Bail Application no. 21599 of 2006 on the ground of parity. It was contended by the learned counsel for the applicant that case of the present applicant is also similar to that of the co-accused persons and so on the ground of parity he should also be granted bail. This fact that case of the prosecution is similar against all the accused persons was not disputed by the prosecution.
Under these circumstances, I am of the view that the applicant deserves bail on the ground of parity.
Let the applicant, Quash Mohammad alias Nate be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
RPP/II Bail Appl.23898/06
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